No Win No Fee Solicitors Scotland | How It Works
Quick Answer
What Is No Win No Fee?
In Scotland a “no win no fee” arrangement is normally a success fee agreement, regulated by the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 and the Success Fee Agreements (Scotland) Regulations 2020. Your solicitor is paid only if your claim succeeds. It is not the same instrument as an English conditional fee agreement, and the Scottish caps on what may be deducted are set by those Regulations.
This arrangement was introduced to make justice accessible to everyone, regardless of their financial situation. It removes the barrier of having to pay thousands of pounds in legal fees before knowing whether your claim will succeed.
In practical terms, this means that if you have been injured in an accident that was not your fault — whether a car accident, workplace injury, slip and fall, or any other type of accident — you can pursue a compensation claim without paying legal fees upfront and without owing your solicitor a fee if the claim fails.
No Win No Fee agreements are widely available for personal injury claims in Scotland and are the standard way that most accident claims are funded. The vast majority of our clients use this arrangement to pursue their claims.
How Does No Win No Fee Work in Scotland?
The process is straightforward and designed to be as simple as possible for you:
- Free case assessment. You contact us and we assess your case at no cost. We will tell you honestly whether you have a valid claim and whether we believe it has a reasonable chance of success.
- Agreement. If we believe your claim is viable, we offer a No Win No Fee agreement. This clearly sets out the terms — including the success fee percentage — before you commit to anything.
- No upfront costs. You sign the agreement and your claim begins. You do not pay a single penny at this stage. All legal work, medical examinations, and administrative costs are covered by your solicitor.
- We handle everything. Your solicitor manages the entire claims process — gathering evidence, arranging medical reports, negotiating with insurers, and handling all paperwork and correspondence.
- If you win. Most of your legal expenses are recovered from the defender. The agreed success fee is then deducted from the part of your damages that compensates you for the injury itself; your compensation for financial losses is not touched by it.
- If you don't win. You owe nothing. No legal fees, no hidden charges, no obligation. The financial risk is entirely on your solicitor, not on you.
This structure means that your solicitor has a strong financial incentive to win your case and achieve the highest possible compensation. Their interests are directly aligned with yours. Learn more about the typical claim timeline or read our tips on choosing a solicitor.
What Do You Actually Pay?
The detail matters here, and much of what is written online about it describes England rather than Scotland. These are the terms that apply to a claim made through this site:
Nothing to pay upfront
There is no charge for the first conversation and nothing to pay to start a claim. The firm assesses the case at its own cost and tells you whether it is worth pursuing.
If the claim does not succeed
You pay no legal fees. The outlays incurred along the way — court dues, medical reports, expert evidence — are insured, so they are not passed on to you either.
If the claim succeeds
Most of your legal expenses are recovered from the defender, which is the party you claimed against. A success fee is then deducted from your damages. The firm's stated position is that it would normally charge no more than 20%.
Your financial losses are protected
The success fee is taken from the compensation awarded for the injury itself — what Scots law calls solatium, meaning your pain, suffering and loss of amenity. Compensation for financial losses, such as lost income and medical expenses, is not touched by it. This is why describing the fee as a percentage of your whole award is misleading.
Outlays and expenses
In Scotland, "expenses" means the legal costs of an action and "outlays" are the sums paid out as it progresses — the English terms are "costs" and "disbursements". Under this arrangement the outlays are covered as the case runs and settled out of the final outcome rather than billed to you.
What the law caps
Success fee agreements in Scotland are regulated by the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 and the Success Fee Agreements (Scotland) Regulations 2020, which set maximum percentages a solicitor may take. The cap for personal injury is staged, so the percentage falls as the value of a claim rises, and it is inclusive of VAT. Ask your solicitor to confirm in writing which cap applies to your claim before you sign.
"No win no fee" means there is no fee to pay if the claim fails. It does not mean a claim is free or without consequence: a success fee is deducted from your damages if you win, and you should read what your agreement says about outlays and about what happens if you stop the claim part-way through. Ask for the terms in writing and take your time over them.
These terms are those published by Thompsons Scotland LLP and were checked on 8 August 2026. They describe that firm's offer, not what every Scottish solicitor charges. The statutory framework is set out in the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 and the Success Fee Agreements (Scotland) Regulations 2020. If you are unhappy with a solicitor's service you can complain to the Scottish Legal Complaints Commission.
Do I Keep 100% of My Compensation?
No, and you should be wary of anyone in Scotland who tells you otherwise. If your claim succeeds, a success fee is deducted from your damages. What you keep in full is the part of your award that compensates you for financial losses — lost income, medical expenses and other out-of-pocket costs — because the success fee is not taken from that.
Some firms advertise “100% compensation”. Ask them to put in writing exactly what is deducted, from which part of the award, and what happens to outlays if the claim fails. A clear written answer to those three questions is worth more than the headline percentage.
Are There Any Financial Risks?
No Win No Fee significantly reduces your financial risk. The key protections are:
- No upfront costs: You pay nothing to start your claim
- No solicitor fees if you lose: If your claim is unsuccessful, you do not pay your solicitor anything
- ATE insurance: In some cases, After The Event (ATE) insurance may be recommended. This protects you against any potential costs from the other side if the claim is unsuccessful. Your solicitor will explain whether this is needed and, if so, the premium is usually only payable if you win.
Before you sign any agreement, your solicitor is legally required to explain all terms, costs, and potential risks clearly. If anything is unclear, ask questions — a good solicitor will be happy to explain everything in plain language.
How to Start a No Win No Fee Claim
Starting a No Win No Fee claim is simple:
- Contact us by phone, email, or through our online form
- Tell us about your accident and injuries — this takes about 3 minutes
- We assess your case and tell you honestly whether you have a valid claim
- If you do, we send you a No Win No Fee agreement to review and sign
- Your claim begins — we handle everything from this point forward
There is absolutely no obligation at any stage. If you decide not to proceed after your free consultation, that is entirely your choice. We will never pressure you into making a claim. Learn more about our free consultation process.
No Win No Fee Claims Across Scotland
We offer No Win No Fee accident claims across Scotland:
Frequently Asked Questions About No Win No Fee
Last reviewed: 15 March 2026 by Personal Injury Claims Scotland